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(영문) 광주지방법원 목포지원 2020.04.03 2019고단825
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On September 31, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court in Gwangju District Court. On March 12, 2013, the Defendant issued a summary order of KRW 5 million for the same crime at the same court on March 12, 2013, and on April 24, 2015, the same court was sentenced to imprisonment for six months and two years for the same crime, and on September 11, 2015, the Defendant was sentenced to six months for imprisonment with prison labor for the same crime, and on January 22, 2016, the sentence of the said suspended sentence became final and conclusive, and the period of parole in the wooden prison was expired on June 30, 2016 and August 4, 2016.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drunk driving, on June 16, 2019, at approximately 150 meters from the C community service center located in Sinpo City B to the Ethy road located in D, the Defendant driven a Fran vehicle under the influence of alcohol level of 0.202% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The circumstantial statement report of a main driver, the circumstantial report of a dangerous driver, the on-site investigation report of a death or injury resulting from dangerous driving, the consent to blood collection and confirmation document, the written appraisal of blood alcohol, the internal report of alcohol alcohol, and the investigation report (related to telephone communications of a passenger on the same side of a harmful vehicle);

1. Previous convictions indicated in the judgment: Criminal records, etc. and other inquiry inquiry reports, the current status of personal arrest and confinement, and the application of Acts and subordinate statutes to investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

1. The reasons for sentencing Article 35 of the Criminal Act among repeated offenders are as follows: (a) the Defendant, including one time of suspended sentence from around 2010 to around 2015, once of a suspended sentence, and one time of a suspended sentence, has four times the period of punishment for drunk driving; and (b) even during the period of a repeated offense, even if he/she

(2) An accident.

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